MURDER | HOMICIDE LAWYER

The first step your lawyer will take in defending your murder case is to carefully consider all of the prosecution’s evidence, and determine whether any of it may excludable. Before the trial starts, your lawyer has the option of filing a motion to suppress the evidence, which may result in some important evidence being removed from the case.

In the context of a murder case, there are several scenarios in which evidence might be excludable:

• The police illegally seized evidence — The police can only search a vehicle if they have a reasonable suspicion to pull it over, and then upon talking to the driver or observing the vehicle itself, they develop probable cause to believe a search may turn up evidence of a crime. When it comes to homes or businesses, the police may only conduct a search with a search warrant, your consent, or emergency circumstances. Any evidence seized during a search that does not meet the above standards may be excluded from the case.

• The police illegally obtained your statements — When the police arrest you on the suspicion that you’ve committed a murder, you can expect a lengthily interrogation. But first, the police must inform you of your right to remain silent and to obtain a lawyer. If you request the assistance of a lawyer, the questioning must stop. Any incriminating statements the police obtain in violation of these standards may be suppressed from the prosecutor’s case.

• The authorities tampered with evidence — In murder cases, prosecutors often use DNA evidence obtained from the crime scene to prove the suspect’s guilt. But if a sample is improperly collected, labeled, stored, or analyzed, your lawyer can request that this evidence be removed from the case.

• If your lawyer wins the motion to suppress, the prosecutor will be missing some or all of the evidence needed to prove your guilt. Your lawyer can request that a judge dismiss the charges before the trial starts if the remaining evidence is so weak that it doesn’t justify having a trial. If the case does go to trial, the prosecutor will be at a significant disadvantage if he or she cannot use all of the available evidence against you.

There are two ways to win a murder trial: claiming an affirmative defense or proving there is a reasonable doubt as to whether you actually committed the crime. An affirmative defense means that you admit to having intentionally killed someone, but you claim that your actions were justified. The primary affirmative defenses to murder charges are the following:

• Self-defense — According to Ohio Revised Code 2901.09 there is no duty to retreat in residence or vehicle. ORC 2901.05 defines Reasonable doubt / self-defense which may justify use of deadly deadly force against another attacker if you reasonably believe that you or another person is about to suffer death, great bodily harm, or a sexual assault at the hands of the attacker. Self-defense includes Battered Woman Syndrome as defined in ORC 2901.06.

• Insanity —  O.R.C. 2901.01(A)(14) -- "A person is 'not guilty by reason of insanity ' relative to a charge of an offense only if the person proves, in the manner specified in section 2901.05 of the Revised Code (i.e. by a preponderance of the evidence), that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person's acts."

When using an affirmative defense is not an option under the facts of your case, your lawyer will attempt to show that the prosecutor did not demonstrate every element of the case beyond a reasonable doubt. Juries are instructed to return guilty verdicts only when the prosecutor proves that there is no doubt as to whether the suspect committed a crime. In the context of a murder, this means presenting unambiguous evidence that you actually killed the victim, and that you did so intentionally.

Your Cuyahoga County lawyer can challenge the prosecution’s witnesses and reinterpret the evidence to show the jury that there is reasonable doubt. If the prosecutor can’t show with certainty that you are the perpetrator, you will likely receive a verdict of not guilty. If the prosecutor proves that you committed the crime, but there is some doubt as to whether you acted intentionally, you may receive a manslaughter conviction, which is a less serious offense.

Every case is different, so you should consult with a reputable Cleveland criminal defense attorney if you’re facing charges for murder or another violent offense. At James Sidney Jones, LPA, we approach each case we handle with determination, compassion, and aggressiveness. To learn more about how we can help, call us today for a free and confidential consultation of your case.

Your initial consultation will always be free and confidential. Call (216) 797-9520